Appendix Q: Probate
Part I
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PART I. HEADING OF FORMS. _______ THE HIGH COURT PROBATE. Add where appropriate "The District Probate Registry at ....... ." _______ AFFIDAVIT OF ATTESTING WITNESS. _______ [Heading as in Form No. 1]. In the estate of ....... late of ....... deceased. I, ....... of ....... aged ....... years and upwards, make oath and say that I am one of the subscribing witnesses to the last will [or codicil] of the said ....... late of [address and description] deceased; the said will or codicil] bearing date the ....... day of ....... 20 , and that the said testator executed the said will [or codicil] on the day of the date thereof, by signing his name [or affixing his mark, being illiterate or unable to write from physical debility], at the foot or end thereof as the same now appears thereon, in the presence of me and of ....... the other subscribed witness thereto, both of us being present at the same time—and we thereupon attested and subscribed the said will [or codicil] in the presence of the said testator and of each other, [if will was signed with a mark add:] And I further say, that before said testator executed said will [or codicil] in manner aforesaid, same was truly, audibly, and distinctly read over to him by me, and said testator appeared fully to understand the same, and was at the time of the execution thereof of sound mind, memory, and understanding.] Sworn, &c. Note: The will should not be marked by the deponent or by the commissioner. _______ OATH OF EXECUTOR. THE HIGH COURT PART A Name of Deceased:…………………………. Address of Deceased:………………………. Date of Death:……………………………… Place of Death:……………………………… Name of Applicant:………………………… Address of Applicant:……………………… Gross value of Estate:……………………….
PART B I, the above named applicant, aged 18 years and upwards, make oath and say, that I believe the paper writing hereto annexed, and marked by me, to contain the true and original last will [or last will with ....... codicils] of the above named deceased; that same was made by the said deceased after attaining the age of 18 years, and that the said deceased did not intermarry or enter into a civil partnership with any person after the making of same; that I am the [state relationship] of the said deceased and the *[sole] executor/executrix in the said will [or will and codicil(s)] named; that I will faithfully administer the estate of the said deceased, by paying the deceased’s just debts and the legacies bequeathed by the deceased’s said will [or will and codicils], so far as the same shall thereto extend and the law bind me; that I will exhibit a true inventory of the said estate, and render a true account thereof, whenever required by law so to do; that the deceased died at the above named place of death on the date of death cited above; [where application is made in District Probate Registry add] and that the deceased had at the time of death a fixed place of abode at the above named address within the district of …………………….] and that the whole of the estate without any deductions for debts, which devolves on and vests in the deceased’s legal personal representative amounts in value to the figure cited above as the gross value of the estate and no more, to the best of my knowledge, information and belief. Sworn etc.
Filed on the day of 20 by ……….. Solicitors. _______ OATH OF ADMINISTRATOR WITH THE WILL, INCORPORATING ADMINISTRATION BOND THE HIGH COURT PART A Name of Deceased:……………………………… Address of Deceased: ………………………….. Date of Death: …………………………………… Place of Death: …………………………………….. Name of Applicant: ………………………………… Address of Applicant: ……………………………… Gross value of Estate: ………………………………
PART B I, the above named applicant aged 18 years and upwards, make oath and say, that I believe the paper writing hereunto annexed, and marked by me, to contain the true and original last will [or last will with ....... codicils] of the above named deceased; that same was made by the said deceased after attaining the age of 18 years, and that the said deceased did not intermarry or enter into a civil partnership with any person after the making of same; and that ……………… [address position regarding any executor(s) named in the will]; and that I am the [state relationship] of the said deceased and [insert basis on which entitlement to grant is claimed, e.g. residuary legatee and devisee named in the said will etc.] that I will well and faithfully administer the estate of the said deceased, by paying the deceased’s just debts and the legacies bequeathed by the deceased’s said will [or will and codicils] and distributing the residue of the deceased’s estate according to law; and that I will exhibit a true and perfect inventory of the said estate, and render a true account thereof whenever required by law so to do; and that the deceased died at the above named place of death on the date of death cited above; [where application is made in District Probate Registry add] and that the deceased had at the time of death a fixed place of abode at the above named address within the district of …………………….]; and that the whole of the estate, without any deductions for debts, which devolves on and vests in the deceased’s legal personal representative amounts in value to the figure cited above as the gross value of the estate and no more, to the best of my knowledge, information and belief. Sworn etc. Filed on the day of 20 by ……….. Solicitors.
PART C I, the above named applicant am liable in full to pay to the President of the High Court the sum of double the gross value of the estate as specified in PART A above, for which payment I bind myself and my executors and administrators Sealed with my seal this day of 20 The condition of this obligation is that if I, the intended *[administrator] *[administratrix] of the estate of the said deceased do fulfil the obligations referred to in PART B above and furthermore do pay all taxes and duties payable in respect of the estate of the deceased for which the personal representative is accountable and all income tax and surtax payable out of the estate then this obligation shall be void and no effect, but shall otherwise remain in full force and effect.
Filed on the day of 20 by……….. Solicitors. _______ OATH OF ADMINISTRATOR, INCORPORATING ADMINISTRATION BOND THE HIGH COURT PART A Name of Deceased: ………………………………… Address of Deceased: ……………………………… Date of Death: ……………………………………… Place of Death: …………………………………….. Name of Applicant: ………………………………… Address of Applicant: ……………………………… Gross value of Estate: ………………………………
PART B I, the above named applicant aged 18 years and upwards, make oath and say that the above deceased died intestate that I am the ……………………………..of said deceased and that I will well and faithfully administer the estate of the said deceased by paying the deceased’s just debts and distributing the residue of said estate according to law, and that I will exhibit a true inventory of the said estate and render a true account thereof, whenever required by law so to do; that the said deceased died at the above named place of death on the date of death cited above; [where application is made in District Probate Registry add] and that the said deceased had at the time of death a fixed place of abode at the above named address within the district of …………………….]; and that the whole of the estate without any deductions for debts, which devolves on and vests in the deceased’s legal personal representative amounts in value to the figure cited above as the gross value of the estate and no more, to the best of my knowledge, information and belief. Sworn etc.
Filed on the day of 20 by ……….. Solicitors.
PART C I, the above named applicant am liable in full to pay to the President of the High Court the sum of double the gross value of the estate as specified in PART A above, for which payment I bind myself and my executors and administrators Sealed with my seal this day of 20 The condition of this obligation is that if I, the intended *[administrator] *[administratrix] of the estate of the said deceased do fulfil the obligations referred to in PART B above and furthermore do pay all taxes and duties payable in respect of the estate of the deceased for which the personal representative is accountable and all income tax and surtax payable out of the estate and further do, if so required, render and deliver up the letters of administration in the High Court if it shall hereafter appear that any will was made by the deceased which is exhibited in the said Court with a request that it be allowed and approved accordingly then this obligation shall be void and no effect, but shall otherwise remain in full force and effect.
Filed on the day of 20 by ………... _______ PROBATE. _______ [Heading as in Form No. 1]. Be it known, that on the ....... day of ....... the last will ....... a copy of which, signed by the Probate Officer [or District Probate Registrar] is hereunto annexed, of ....... deceased, who died on or about the ....... day of ....... [where grant issued out of a District Probate Registry insert and who at the time of his death had a fixed place of abode at ....... within the district of ....... ] was proved, and registered in the Probate Office [or District Probate Registry] and that the administration of all the estate which devolves on and vests in the personal representative of the said deceased was granted by the Court to ....... named in the said will [and codicils] he having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ ADMINISTRATION INTESTATE. _______________ [Heading as in Form No. 1]. Be it known that on the ....... day of ....... letters of administration of the estate which devolves on and vests in the personal representative of ....... deceased, who died intestate on or about ....... the ....... day of ....... [where grant issued out of a District Probate Registry insert and who at the time of his death had a fixed place of abode at ....... within the district of ....... ] were granted by the Court to ....... he having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ ADMINISTRATION WITH THE WILL ANNEXED. _______ [Heading as in Form No. 1]. Be it known, that ....... deceased, who died on or about the ....... day of ....... at ....... [where grant issued out of a District Probate Registry insert and who at the time of his death had a fixed place of abode at ....... within the district of ....... ] made and duly executed his last will (and codicils) a copy of which, signed by the Probate Officer [or District Probate Registrar] is hereunto annexed and did therein name [or did not therein name any] executor [or as the case may be]. And be it further known that on the ....... day of ....... letters of administration with the said will annexed of the estate which devolves on and vests in the personal representative of the said deceased were granted by the Court to ....... he having previously been sworn faithfully to administer the same, according to the tenor of the said will (and codicils). [Insert appropriate certificate as to Inland Revenue affidavit]. _______ UNADMINISTERED PROBATE. _______ [Heading as in Form No. 1]. Be it known that ....... deceased, who died on or about the day of ....... at ....... [where grant issued out of a District Registry insert and who at the time of his death had a fixed place of abode at ....... within the district of ....... ], made and duly executed his last will [a copy of which, signed by the Probate Officer [or District Probate Registrar] is hereunto annexed], and did therein name ....... executors and that on the ....... day of ....... probate of said will, with administration of the estate which devolves on and vests in the personal representative of the said deceased was granted at the Probate Office [or District Registry aforesaid] to the said ....... [power being reserved of making a like grant to the said ....... ] which probate now remains of record; and that the said ....... after taking such probate upon him intermeddled in the estate of the said deceased, and died on the day of ....... , leaving part thereof unadministered. And be it further known that on the ....... day of ....... the said will [and codicils] of said deceased was also proved in the Probate Office [or said District Probate Registry] and that the administration of the estate which devolves on the vests in the personal representative of the said deceased and which was so left unadministered was granted ....... to the said ....... he having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ DOUBLE PROBATE. _______ [Heading as in Form No. 1]. Be it known that on the ....... day of ....... the last will ....... a copy of which, signed by the Probate Officer [or District Probate Registrar] is hereunto annexed, of ....... deceased, who died on or about the ....... day of ....... at [where grant issued out of a District Probate Registry add and who at the time of his death had a fixed place of abode ....... at within the district of ....... ] was proved and registered in the Probate Office [or District Probate Registry] and that the administration of the estate, which devolves on and vests in the personal representative of the said deceased was granted by the Court to ....... one of the executors named in the said will, he having been first sworn faithfully to administer the same [power being reserved of making a like grant to ....... the other executor named in said will]. And be it further known that on the ....... day of ....... the said will [and codicils] was also proved in the Probate Office [or said District Probate Registry] and that the like administration of the said estate was granted ....... by the Court to the said ....... he having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ ADMINISTRATION WITH WILL ANNEXED (DE BONIS NON). _______ [Heading as in Form No. 1]. Be it known that ....... deceased, who died on or about the ....... day of ....... 20 ....... , at ....... [where application is made in District Probate Registry add and who at the time of his death had a fixed place of abode at ....... within the district of ....... ], made and duly executed ....... last will [a copy of which, signed by the Probate Officer [or District Probate Registrar], is hereunto annexed] and did therein name ....... executor, and that on the day of ....... [probate of the said will and administration of the estate which devolves on and vests in the personal representative] of said deceased were granted at the Probate Office [or District Probate Registry aforesaid] to ....... [which ....... now remains of record in ....... ] who after taking such ....... upon ....... intermeddled in the estate of said deceased; and afterwards died on the ....... day of ....... 20 , leaving part thereof unadministered, and that on the ....... day of ....... 20 , letters of administration of the said estate which devolves on and vests in the personal representative of the said deceased and which was so left unadministered, with said will ....... annexed, were granted at the Probate Office [or District Probate Registry] to ....... he having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ ADMINISTRATION INTESTATE (DE BONIS NON). _______ [Heading as in Form No. 1]. Be it known, that ....... deceased, died intestate on or about the ....... day of ....... 20 , at ....... [where application is made in District Probate Registry, add and at the time of his death had a fixed place of abode ....... at within the district of ....... ], and that since ....... death, on the ....... day of ....... 20 , letters of administration of the estate which devolves on and vests in the personal representative of the said deceased were granted at the Probate Office [or District Probate Registry] to ....... [which letters of administration now remain of record in ....... ] which said ....... after taking such administration upon ....... intermeddled in the estate of said deceased; and afterwards, on or about the day of 20 , died ....... leaving part thereof unadministered, and that on the ....... day of ....... 20 , letters of administration of the said estate which devolves on and vests in the personal representative of the said deceased and which was so left unadministered were granted to ....... he having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ ADMINISTRATION INTESTATE, LIMITED DURING MINORITY. _______ [Heading as in Form No. 1]. Be it known that on the ....... day of ....... letters of administration of the estate which devolves on and vests in the personal representative of ....... deceased, who died intestate on or about the day of ....... at ....... [where application is made in a District Probate Registry, add: and who at the time of his death had a fixed place of abode at ....... within the district of ....... ], were granted by the Court to ....... the guardian lawfully appointed of ....... infants (aged respectively ....... years, ....... years, years, ....... years, ....... years ....... and ....... years or thereabouts) limited for ....... use and benefit and until ....... shall attain the age of eighteen years (or until one of the said infants having attained such age shall apply for and obtain administration of the estate unadministered of said deceased) the said ....... having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit.] _______ ADMINISTRATION OF THE WILL ANNEXED. TO AN ATTORNEY. _______ [Heading as in Form No. 1]. Be it known that ....... deceased, who died on or about the ....... day of ....... at ....... [where application is made in District Probate Registry, add and who at the time of his death had a fixed place of abode at ....... within the district of ....... ], made and duly executed ....... last will ....... a copy of which signed by the Probate Officer [or District Probate Registrar], is hereunto annexed and did therein name . And be it further known that on the ....... day of ....... 20 ....... , letters of administration [with the said will ....... annexed] of the estate which devolves on and vests in the personal representative of the said deceased were granted to ....... the attorney lawfully appointed ....... of ....... now residing at ....... limited for ....... use and benefit until ....... shall apply for and obtain administration of the estate unadministered of the said deceased the said having previously been sworn faithfully to administer the same according to the tenor of the said will. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ ADMINISTRATION INTESTATE TO AN ATTORNEY. _______ [Heading as in Form No. 1]. Be it known, that on the ....... day of ....... 20 ....... , letters of administration of the estate which devolves on and vests in the personal representative of ....... deceased, who died intestate on or about the ....... day of ....... 20 ....... , at ....... [where application is made in District Probate Registry, add and who at the time of his death had a fixed place of abode at ....... in the district of ....... ], were granted to ....... the attorney lawfully appointed of ....... now residing at ....... limited for ....... use and benefit until shall apply for and obtain administration of the estate unadministered of said deceased—the said ....... having been first sworn faithfully to administer the same. [Insert appropriate certificate as to Inland Revenue affidavit]. _______ JUSTIFICATION OF SURETY. _______ [Heading as in Form No. 1]. In the estate of ....... late of ............. _________ deceased We, ........... of ....... in the County of ....... and ....... of ......... in the County of ...... aged respectively ....... years and upwards, severally make oath and say: that we are the proposed sureties on behalf of ....... the intended administrat ....... of the estate of the said ....... late of ....... in the County of ....... deceased, in the penal sum of ....... euros, for h ....... faithful administration of the said estate; and I, the said ....... for myself, further make oath and say, that I am, after payment of all my just debts, worth in real and personal estate the sum of ....... pounds, and I, the said ....... for myself, further make oath and say, that I am, after payment of all my just debts, worth in real and personal estate the sum of ....... euros. Sworn, &c. _______ ELECTION BY MINORS OF A GUARDIAN. _______ [Heading as in Form No. 1]. In the estate of ......... late of ....... _______ deceased. Whereas ....... late of ....... deceased, died a widower and intestate, on or about the ....... day of ....... 20 ....... ,at ....... [where application is made in a District Probate Registry, add having at the time of his death a fixed place of abode at ....... within the district of ....... ], leaving ....... his lawful and only children, the said ....... being a minor of the age of ....... years only, the said ....... being also a minor of the age of ....... years only. Now we the said ....... and ....... do hereby make choice of and elect ....... our lawful maternal uncle [or as the case may be] and one of our next-of-kin to be our guardian for the purpose of his obtaining letters of administration of the estate of the said ....... deceased, to be granted to him for our use and until one of us shall attain the age of ....... years, and shall apply for and obtain letters of administration of the said estate, or until all of us shall attain the age of years [or for the purpose of renouncing for us, and on our behalf all our right, title, and interest to and in the letters of administration, &c., [as the case may be], [add in cases where a solicitor appears for the minors] and we hereby appoint ....... of ....... our solicitor to file or cause to be filed this our election for us in the Probate Office [or District Probate Registry at ....... ]. Dated (Signed) Witness _______ RENUNCIATION OF PROBATE OR ADMINISTRATION WITH THE WILL ANNEXED _______ [Heading as in Form No. 1].' In the estate of ....... late of ....... deceased. Whereas ....... late of ....... deceased, died on the ....... day of ....... 20 ,at ....... [where application is made in a District Probate Registry, add having at the time of his death a fixed place of abode at ....... within the district of ....... ] and whereas, he made and duly executed his last will [or will and ....... codicils] bearing date the ....... day of ....... 20 , and thereof appointed ....... executor [or as the case may be]. Now I, the said ....... aged ....... years and upwards, do declare that I have not intermeddled with the estate of the said deceased, and will not hereafter intermeddle therein, with the intent to defraud creditors, and I do hereby expressly renounce my right to probate of the said will [or will and codicils], [or to letters of administration with the said will [or will and codicils] annexed] of the estate of the said deceased. Dated (Signed) Witness _______ RENUNCIATION OF ADMINISTRATION. _______ [Heading as in Form No. 1]. In the estate of ....... late of ....... deceased. Whereas ....... late of ....... deceased died a ....... and intestate on the ....... day of ....... 20 , at [where application is made to a District Probate Registry, add having at the time of his death a fixed place of abode at ....... within the district of ....... ]. And whereas, I ....... of ....... am his [state relationship].. Now I, the said ....... aged ....... years and upwards, do hereby renounce all my right to letters of administration of the estate of the said deceased. Dated (Signed) Witness _______ CAVEAT. _______ [Heading as in Form No. 1]. Let nothing be done in the estate of A.B., late of ....... deceased, who died on the ....... day of ....... at ....... unknown to me [E.F. being the solicitor of] ....... C.D., of ....... in the County of ....... having interest.
[Signed) E.F. [Registered place of business]. or C.D., [Address for service]. _______ WARNING TO CAVEAT. _______ [Heading as in Form No. 1]. To C.D. [or E.F., solicitor of C.D.] You are hereby warned within fourteen days after the service of this warning upon you, inclusive of the day of such service, to enter an appearance [for C.D.], in the Probate Office, to the caveat entered by you in the estate of ....... late of ....... , deceased, who died at ....... on the ....... day of ....... 20 , and set forth your [or your said client's] interest, and take notice, that in default of your so doing, the said caveat will cease to have any effect. (Signed) Probate Officer. Issued at the instance of R.S. [here set forth what interest R.S. has and if under a will or codicil, set forth the date thereof, if any, and give an address for service.] [Indorsement to be made after service.] This warning was served by J.K. on ....... at [here state where and how the service was effected] on the day of ....... 20 , (Signed) J.K. _______ APPEARANCE TO A WARNING OR CITATION (EXCEPT ONE TO ACCEPT OR REFUSE). _______ [Heading as in Form No. 1]. In the estate of A.B., late of ....... I, C.D., [or E.F.] appear [for deceased. ....... C.D..], being the brother, and one ....... of the next-of-kin of the said A.B., ....... deceased
[or any other interest the said C.D. may have]. Dated (Signed) E.F., solicitor for C.D. [Registered place of business]. or C.D. [address for service]. _______ CITATION TO ACCEPT OR REFUSE ADMINISTRATION. _______ [Heading as in Form No. 1]. To ....... of Whereas, it appears by an affidavit of ....... of ....... filed in the Probate Office on the ....... day of ....... 20 , that you are the lawful [widow, child , or as the case is] and only next-of-kin of the said ....... deceased, intestate, who died on or about the ....... day of ....... 20 , and that [party issuing citation] claims to be [state interest as creditor, next-of-kin (giving relationship], &c.]. NOW THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office, personally, or by your solicitor, and accept or refuse letters of administration of the estate of the said deceased, as of a person dying intestate, otherwise to show cause, if any, why the same should not be granted or committed unto the said Dated (Signed) Probate Officer. Solicitor for said [Registered place of business]. _______ CITATION TO ACCEPT OR REFUSE THE BURDEN OF THE EXECUTION OF A WILL. _______ [Heading as in Form No. 1]. To of Whereas it appears by an affidavit of A.B., of ....... filed in the Probate Office on the ....... day of ....... 20 ....... , that you ....... are the executor, and you ....... the residuary legatees named in the last will of ....... late of ....... who died on ....... and you ....... are his natural and lawful children, and only next-of-kin him surviving, and you ....... are the legatees named in his said will, and that the said A.B. claims to be a creditor of the said deceased [if not a creditor, state his interest] and desires to have a representative raised to the said deceased. NOW THIS IS TO COMMAND YOU that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office personally, or by your solicitor; you ....... the said [executor] to accept or refuse the burden of the execution of the said will; and in case you refuse the same, then you the said ....... [the residuary legatees], to accept or refuse letters of administration of the estate of the said deceased, with his said will annexed; and in case you decline same, then [so on as to next-of-kin and legatees],otherwise to show cause, if any, why letters of administration of the estate, with said will annexed, of the said deceased, should not be granted to the said A.B. Dated (Signed) Probate Officer. Solicitor for the said A.B. [Registered place of business.] _______ CITATION TO INTRODUCE AND DEPOSIT A WILL, AND TO ACCEPT OR REFUSE PROBATE THEREOF. _______ [Heading as in Form No. 1]. To of Whereas, it appears by an affidavit of ....... filed in the Probate Office on the ....... day of ....... 20 ....... , that you are the executor named in the last will of ....... late of ....... who died on or about the ....... day of ....... 20 , and that the said ....... the ....... [state client's interest as residuary legatee or legatees as the case may be] of said deceased desires to have said will proved. NOW THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office personally, or by your solicitor, and introduce and deposit in the Probate Office said will, and accept the execution thereof, and in case you refuse same, show cause, if any, why letters of administration of the estate of said deceased with said will annexed, should not be granted to the said Dated (Signed) Probate Officer. Solicitor for said [Registered place of business. ] _______ CITATION TO INTRODUCE AND DEPOSIT A WILL [IF ANY THERE BE] AND TO ACCEPT OR REFUSE PROBATE THEREOF, AND IN CASE OF NO WILL, TO ACCEPT OR REFUSE LETTERS OF ADMINISTRATION. [Heading as in Form No. 1]. To of Whereas it appears by an affidavit of A.B., of ....... on the ....... day of ....... 20 , filed in the Probate Office that you are the widow, and you ....... the lawful children and only next-of-kin of ....... who died on or about the ....... day of ....... 20 , and that the said A.B. claims to be a principal creditor [or state the interest of A.B.], and desires to have a representative raised to said deceased: NOW, THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office, personally or by your solicitor, then and there to introduce and deposit in the Probate Office the last will of the said deceased (if any such be made) and the executors, if any such have been nominated in said will, to accept or refuse the burden of the execution thereof; and should they refuse the same, then the said and to accept or refuse letters of administration of the estate of said deceased with said will annexed, and in case the said deceased did not make any will then the said ....... and ....... to accept or refuse letters of administration of the estate of the said deceased, as of a person dying intestate; otherwise to show cause, if any they can, why the same should not be granted unto said A.B. Dated (Signed) Probate Officer. _______ APPEARANCE TO CITATION TO ACCEPT OR REFUSE. _______ [Heading as in Form No. 1]. In the estate of A.B., deceased. C.D., by G.H., his solicitor [or in person, as the case may be], appears in this matter [and if C.D. desires to accept probate or administration add] and desires to accept probate [or administration, as the case may be]. [Name and registered place of business of solicitor; or name and address for service of party.] _______ CITATION TO INTRODUCE AN ALLEGED WILL AND PROVE SAME IN SOLEMN FORM, OTHERWISE TO SHOW CAUSE WHY THE SAME SHOULD NOT BE PRONOUNCED INVALID. _______ [Heading as in Form No. 1]. To of WHEREAS it appears by the affidavit of A.B., filed in the Probate Office on the ....... day of ....... 20 ....... , that you ....... are the executor named in an alleged last will of ....... late of ....... deceased, and that the said A.B. is the lawful ....... and one of the next-of-kin of the said deceased. and that the said ....... died intestate, and that said alleged will ought to be decreed and declared void. NOW, THIS IS TO COMMAND YOU that within fourteen days after service hereof on you, inclusive of the day of such service, you do appear in the Probate Office, personally, or by your solicitor, and introduce and deposit in the Probate Office the said alleged will of the said deceased, and prove same in solemn form of law, or otherwise to show cause [if you should think it for your interest to do so] why the same should not be pronounced to be void. Dated (Signed) Probate Officer. Solicitor for said [Registered place of business]. _______ CITATION TO INTRODUCE AN ALLEGED LAST WILL AT SUIT OF A LEGATEE IN A FORMER WILL. [Heading as in Form No. 1]. To of Whereas, it appears by an affidavit of A.B., of ....... filed in the Probate Office on the ....... day of ....... 20 ....... , that you ....... are the executors named in the alleged will of ....... late of ....... bearing date ....... who died ....... , and that the said A.B. is the lawful son and one of the next-of-kin and a principal legatee named in the last will of the said deceased, bearing date and intends to prove the said last will of the said deceased. NOW THIS IS TO COMMAND YOU, &c. [same as in Form No. 28 to the end], and also why letters of administration of the estate of the said deceased, with his said last will annexed, should not be granted to the said A.B. Dated (Signed) Probate Officer. Solicitor for said [Registered place of business]. _______ CITATION TO CALL IN ADMINISTRATION WITH WILL ANNEXED AND TO HAVE ANOTHER TESTAMENTARY PAPER INCORPORATED AND INCLUDED IN THE LETTERS OF ADMINISTRATION. _______ [Heading as in Form No. 1]. To of WHEREAS it appears by an affidavit of A.B., of ....... filed in the Probate Office on the ....... day of ....... 20 ....... , that letters of administration of ....... the estate of ....... late of ....... deceased, with the will of said deceased dated ....... annexed, were on or about ....... granted to you, and that the said A.B. having an interest in the said estate hath alleged that the said letters of administration, with the said will annexed, ought to be called in for the purpose and in order that a certain document or testamentary paper in said will referred to as the will of the said testator's father, or so much thereof as purports to give certain annuities of € ....... to ....... may and shall be incorporated with and included in and form part of the letters of administration with the will annexed of the said deceased, and the said letters of administration be reissued to you as administrator of the estate of the said deceased, and the said will of the ....... day of ....... annexed thereto, and with such document or such part thereof as aforesaid incorporated or united with the said will in such grant. NOW THIS TO COMMAND YOU, that within fourteen days after the service hereof on you, inclusive of the day of such service, you do bring in and leave in the Probate Office the aforesaid letters of administration, with the said will annexed. And further, do show cause why such document, or such part thereof as aforesaid, should not be included in and incorporated with the said will annexed to said letters of administration. Dated (Signed) Probate Officer. Solicitor for said [Registered place of business]. _______ CITATION TO BRING IN PROBATE OR ADMINISTRATION. _______ [Heading as in Form No. 1]. To of WHEREAS, it appears by an affidavit of ....... filed in the Probate Office on the ....... day of ....... 20 ...., that a grant of ....... of the alleged last will ....... of ....... late of ....... deceased, was, on or about ....... day of ....... 20 ....... , granted to you, and that ....... claiming to be ....... of the said deceased hath alleged that the said ....... ought to be called in, revoked, and declared null and void in law. NOW THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you do bring into and leave in the Probate Office, the aforesaid grant ....... and further do show cause (if you think it your interest so to do), why same should not be revoked and the said will pronounced to be null and void. Dated (Signed) Probate Officer. Solicitor for said [Registered place of business]. _______ CITATION TO EXHIBIT AN INVENTORY. _______ [Heading as in Form No. 1]. To of WHEREAS it appears by the affidavit of A.B., of ....... filed in the Probate Office on ....... day of ....... 20 , that you ....... are the executor [or administrator] of the estate of late of ....... deceased, who died on ....... and that the said A.B. claims to be a principal creditor of said deceased and desires to have an inventory of the estate of the said deceased exhibited. NOW THIS IS TO COMMAND YOU, within fourteen days after the service hereof on you, to lodge in the Probate Office on oath, a true, full, and perfect inventory and account of the estate of the said deceased, and a true account of your administration thereof. Dated (Signed) Probate Officer. Solicitor for the said [Registered place of business]. _______ NOTICE TO BE TRANSMITTED BY A DISTRICT PROBATE REGISTRAR OF APPLICATION HAVING BEEN MADE TO HIM FOR GRANT OF PROBATE, OR ADMINISTRATION WITH WILL ANNEXED. _______ THE DISTRICT PROBATE REGISTRY AT To the Probate Officer. Take notice, that on this ....... day of ....... 20 ....... , application has been made to me for a grant of probate of the will [or letters of administration with the will annexed], said will bearing date the ....... day of ....... 20 [and codicil or codicils bearing date the ....... day of ....... 20 ], of [in cases of administration with will, the estate of] ....... late of ....... deceased, who died on the ....... day of ....... 20 , at having at the time of his death a fixed place of abode at ....... within the district of ....... by ....... of ....... [or by ....... of ....... the solicitor of ....... of ....... ] the executor [or residuary legatee, or as the case may be] named in the said will [or codicil], in the words following:—[Here insert the extract from the will or codicil]. Dated (Signed) District Probate Registrar. _______ NOTICE TO BE TRANSMITTED BY A DISTRICT REGISTRAR OF APPLICATION HAVING BEEN MADE TO HIM FOR GRANT OF ADMINISTRATION. _______ THE DISTRICT PROBATE REGISTRY AT To the Probate Officer. Take notice, that on this ....... day of ....... 20 ....... , application has been made to me for a grant of letters of administration of the estate of ....... late of ....... deceased, who died intestate on the ....... day of ....... 20 , at ....... having at the time of his death a fixed place of abode at ....... within the district of ....... a widower, without child or other descendant, or parent, brother or sister, nephew or niece, grandparent, uncle or aunt, great grandparent [or as the case may be], by ....... of ....... [or by ....... of ....... the solicitor of ....... ] one of the lawful cousins german and next-of-kin of the deceased, [or as the case may be]. Dated (Signed) District Probate Registrar. _______ NOTICE OF THE ENTRY OF A CAVEAT IN A DISTRICT PROBATE REGISTRY. _______ THE DISTRICT PROBATE REGISTRY AT To the Probate Officer. Take notice, that on this ....... day of ....... 20 ....... , a caveat has been entered in the District Probate Registry at ....... in the following terms:— "Let nothing be done in the estate of ....... late of ....... deceased (who died on the ....... day of ....... 20 ....... , at ....... having at the time of his death a fixed place of abode at ....... aforesaid, within the district of ....... ), unknown to me [being the solicitor of] ....... of ....... having interest. Dated (Signed) District Probate Registrar. _______ (Download an MS Word version of this form) ADMINISTRATION BOND THE HIGH COURT The Probate Office/The District Probate Registry at (a) ........ We (b) ....................... are each (c) liable in full to pay to the President of the High Court the sum of (d) for which payment we bind ourselves and each of us and our (e) ....... Sealed with our seal(s) and dated the ....... day of ....... 20 . The condition of this obligation is that if the above-named (f) the (g) of (h) deceased, and the intended administrator/administratrix of the estate of the said deceased, when lawfully called on in that behalf, make or cause to be made a true inventory of the said estate which has or shall come into his/her hands, possession or knowledge, or into the hands, possession or control of any other person for him/her; exhibit the said inventory or cause it to be exhibited in the Probate Office (or in the district probate registry at ....... ) whenever required by law to do so; do well and truly administer the said estate according to law, paying all the debts owed by the deceased at the time of his death, all death duties payable in respect of the estate of the deceased for which the personal representative is accountable and all income tax and surtax payable out of the estate (i), distributing all shares in the estate to those entitled by law thereto and as the law requires him/her; further, do make or cause to be made a true account of the said administration whenever required by law to do so; further do, if so required, render and deliver up the letters of administration in the High Court if it shall hereafter appear that any will was made by the deceased which is exhibited in the said Court with a request that it be allowed and approved accordingly (j) ; then this obligation shall be void and no effect, but shall otherwise remain in full force and effect.
____________________________________________________ (a) Where appropriate, insert location of district probate registry. (b) insert names, addresses and occupations of the principal and sureties. No sureties are required when the principal is a trust corporation. (c) Where there is only one party to the bond, the word "each" should be deleted. (d) Unless otherwise directed, the sum inserted here should be double the gross value of the estate (including the full market value of immovable property). (e) Individuals bind themselves, their executors and administrators. Trust and other corporations bind themselves and their successors. (f) Insert full name of principal. (g) Indicate capacity in which principal applies for grant. (h) Insert name, address and occupation of deceased. (i) Where the principal is a creditor, insert here: "rateably and proportionately and according to the priority required by law, not, however, preferring his/her own debt by reason of his/her being administrator/administratrix nor the debt of any other person". (j) In the case of an administration with will annexed, this paragraph should be deleted. (k) In the case of the intended administrator, the bond must, unless attested by an authorised officer of the Probate Office or district probate registry, be attested by the person before whom the oath was sworn. Attestation is not required in the case of a trust corporation, which need only affix its seal. |